GAVIN W. v. YMCA of Metropolitan Los Angeles

For the vast majority of working families affordable, quality child care services are an indispensable ingredient of everyday life. Yet the demand in California for such services, particularly for children five years old and younger, far exceeds the supply. Under these circumstances contracts for child care services are necessarily “affected with a public interest.” Accordingly, we hold a release of claims that purports to exculpate a child care provider from its own negligence is void as against public policy under Tunkl v. Regents of University of California (1963) 60 Cal.2d 92 [ 32 Cal.Rptr. 33 , 383 P.2d 441 , 6 A.L.R.3d 693 ] (Tunkl).

Factual and Procedural Background

Gavin W. and his parents sued the YMCA of Metropolitan Los Angeles and certain YMCA employees for damages arising from an incident of sexual touching between Gavin and another child in the YMCA’s child care program. The trial court found a release of claims signed by Gavin’s parents when they enrolled Gavin in the program barred their claims for negligence and breach of contract. A jury rejected the family’s remaining claim. Gavin and his parents have appealed, contending the release is unenforceable.…